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SpaceX CEO Elon Musk explains why Blue Origin’s Starship lawsuit makes no sense
For the first time since SpaceX competitor Blue Origin took NASA to federal court after losing a Moon lander contract to Starship and a protest over that loss, unsealed documents have finally revealed the argument Jeff Bezos’ space startup is focusing on in court.
After the details broke in new court documents filed on Wednesday, SpaceX CEO Elon Musk weighed in on Twitter to offer his take on why the arguments Blue Origin has hinged its lawsuit on make very little sense.
While one seemingly significant portion of the main complaint claiming to reveal “additional substantial errors” in SpaceX’s Starship HLS proposal was almost fully redacted, most of the opening argument is legible. In short, Blue Origin appears to have abandoned the vast majority of arguments it threw about prior to suing NASA and the US government and is now almost exclusively hinging its case on the claim that SpaceX violated NASA’s procurement process by failing to account for a specific kind of prelaunch review before every HLS-related Starship launch.
For NASA’s HLS competition, SpaceX proposed to create a custom variant of Starship capable of serving as a single-stage-to-orbit crewed Moon lander with the help of the rest of the Starship fleet – including Super Heavy boosters, cargo/tanker Starships, and a depot or storage ship. SpaceX would begin a Moon landing campaign by launching a (likely heavily modified) depot Starship into a stable Earth orbit. Anywhere from 8 to 14 Starship tanker missions – each carrying around 100-150 tons of propellant – would then gradually fill that depot ship over the course of no more than six or so months. Once filled, an HLS lander would launch to orbit, refill its tanks from the depot ship, and make its way to an eccentric lunar orbit to rendezvous with NASA’s Orion spacecraft and three Artemis astronauts.
As Blue Origin has exhaustively reminded anyone within earshot for the last five months, SpaceX’s Starship Moon lander proposal is extremely complex and NASA is taking an undeniable risk (of delays, not for astronauts) by choosing SpaceX. Nevertheless, NASA’s Kathy Lueders and a source evaluation panel made it abundantly clear in public selection statement that SpaceX’s proposal was by far the most competent, offering far a far superior management approach and technical risk no worse than Blue Origin’s far smaller, drastically less capable lander.
The bulk of Blue Origin’s argument appears to be that its National Team Lander proposal was drastically disadvantaged by the fact that SpaceX may or may not have incorrectly planned for just three ‘flight readiness reviews’ (FRRs) for each 16-launch HLS Starship mission. While heavily redacted, Blue Origin wants a judge to believe that contrary to the US Government Accountability Office’s (GAO) fair assessment that such a small issue is incredibly unlikely to have changed the competition’s outcome, it would have “been able to propose a substantially lower price” for its lander. To be clear, a flight readiness review is an admittedly important part of NASA’s safety culture, but it ultimately amounts to paperwork and doublechecks over the course of a day or two of meetings.
All else equal, the need to complete an FRR before a launch is incredibly unlikely to cause more than a few days of delays in a worst-case scenario and would have next to no cost impact. There is no reasonable way to argue that being allowed to complete some launches without an FRR would have singlehandedly allowed Blue Origin to “[engineer] and [propose] an entirely different architecture.” Nevertheless, that’s exactly what the company attempts to argue – that it would have radically and completely changed the design it spent more than half a billion dollars sketching out if it had only been able to skip a few reviews.
Curiously, Blue Origin nevertheless does make a few coherent and seemingly fact-based arguments in the document. Perhaps most notably, it claims that when NASA ultimately concluded that it didn’t have funds for even a single award (a known fact) and asked SpaceX – its first choice – to make slight contract modifications to make the financial side of things work, NASA consciously chose to waive the need for an FRR before every HLS Starship launch. Only via purported cost savings from those waived reviews, Blue Origin claims, was NASA able to afford SpaceX’s proposal – which, it’s worth noting, was more than twice as cheap as the next cheapest option (Blue Origin).
Ultimately, it thus appears that Blue Origin may have a case to make that NASA awarded SpaceX the HLS Option A contract despite a handful of errors that violated contracting rules and the HLS solicitation. Relative to just about any other possible issue, though, it’s hard not to perceive the problems Blue Origin may or may have correctly pointed out as anything more than marginal and extraordinarily unlikely to have changed the outcome in Blue’s favor had they been rectified before the award. Most importantly, even if Blue Origin’s argument is somehow received favorably and a judge orders NASA to overturn its SpaceX HLS award and reconsider all three proposals, it’s virtually inconceivable that even that best-case outcome would result in Blue Origin receiving a contract of any kind.
Tesla’s dreams of operating a fully autonomous ride-hailing platform just took a massive step toward reality, as two separate events have indicated the company is perhaps closer than ever to achieving self-driving as a product.
On Thursday, Tesla was granted authorization by the State of Texas to operate driverless vehicles in a commercial manner. On May 28, Senate Bill 2807, passed by the 89th Texas Legislature, took effect after being passed back on September 1, 2025.
The bill establishes a statewide regulatory framework requiring authorization from the Texas Department of Motor Vehicles for companies to operate automated vehicles commercially on Texas roads.
This covers driverless, or SAE Level 4+, operations for passenger transport, meaning Robotaxi, or freight.
Tesla and other companies can self-certify their vehicles and tech as long as they:
- Operate in compliance with Texas traffic laws
- Maintain proper registration, title, and insurance
- Use compliant automated driving systems
- Record onboard activity and handle system failures and glitches safely.
The new authorization, which was first reported by James Stephenson on X, allows companies to utilize their own processes to determine if their vehicles are ready to operate without drivers.
🚨BREAKING:
Tesla has been authorized by the State of Texas to operate driverless vehicles commercially under the new law that took effect today, May 28th, 2026. Tesla has officially self-certified the software running on its robotaxis as Level 4. $TSLA pic.twitter.com/KSJdsvlaW5— James Stephenson (@ICannot_Enough) May 28, 2026
It is a rule that expedites the entire approval process, keeping agencies out of a usually long, lengthy, and frustrating task that is essential to technological advancements. It essentially means Tesla can launch commercial Robotaxi operations at this point.
On the very same day, Tesla continued the momentum as CEO Elon Musk shared a video of Cybercab units autonomously driving off the property at Gigafactory Texas. This is a major step in the story of the Cybercab.
Mass production of the Cybercab started at Giga Texas in April, and it is already heading out of the factory on its own.
Cybercab driving itself out of the GigaTexas factory pic.twitter.com/EwAMVVDjYy
— Elon Musk (@elonmusk) May 28, 2026
These two major events mark a drastic step forward in Tesla’s progress toward Cybercab and the permissions it needs to operate a self-driving ride-hailing service. Tesla is now able to operate autonomously under Texas law by self-certifying, and with the potentially imminent rollout of Cybercab, Tesla’s autonomous dreams are starting to take serious shape.
Elon Musk
The Tesla and SpaceX merger everyone is talking about is quietly building
Tesla and SpaceX may be closer to merging than Wall Street or either company is admitting.
Elon Musk has reportedly discussed merging Tesla and SpaceX with people close to him, according to CNBC, which cited sources familiar with the conversation. Tesla employees have long expected such a transaction and the topic is openly discussed internally, according to internal sources. With SpaceX is days away from kicking off its Wall Street roadshow for what could be the largest IPO in market history, this would be the first time the company will have public market currency to execute a stock-for-stock deal with Tesla.
The financial logic for a merger would make sense. A combined SpaceX and Tesla would create a conglomerate spanning rockets, satellites, electric vehicles, AI infrastructure, and energy storage valued at roughly $3.35 trillion to $3.6 trillion based on SpaceX’s IPO target range and Tesla’s current market capitalization. The two companies are already more intertwined than most people realize. SpaceX bought $697 million worth of Tesla Megapack systems for xAI data centers and $131 million worth of Cybertrucks. Tesla invested $2 billion in xAI, which subsequently merged with SpaceX. Past transactions also include Tesla selling solar equipment and parts to SpaceX, and SpaceX helping with Cybertruck materials.
Will Tesla join the fold? Predicting a triple merger with SpaceX and xAI
Musk himself signaled where this was heading in November 2025 when he posted on X, “My companies are, surprisingly in some ways, trending towards convergence.” Tesla and SpaceX announced a joint semiconductor fabrication facility in Austin called Terafab on the Gigafactory Texas campus, covering two advanced chip factories, with one serving Tesla’s AI needs for vehicles and Optimus robots, the other targeting space-based data centers under SpaceX’s infrastructure vision.
Wedbush analyst Dan Ives places the probability of a merger at 80% to 90% with a target completion in the first half of 2027. The mechanics of a deal became possible the moment SpaceX filed its S-1. Legal experts said a merger likely would not spark antitrust issues but would raise concerns among shareholders in each company, with questions around which company would be the parent, how a stock swap would take place, and who determines the appropriate price. Musk holds about 20% of Tesla’s equity but controls 85.1% of SpaceX’s voting power through a super-voting share class, meaning he would largely be negotiating the terms with himself.
Not everyone is convinced the timing is imminent. Traders on Kalshi place only 33% odds that a merger will happen before May 2027. The more immediate concern for Tesla shareholders is whether the SpaceX IPO pulls capital and Musk’s attention away from Tesla before any merger consolidates the upside for both.
What is clear is that the structural groundwork is already being laid. The Terafab announcement, the xAI merger, the shared supply chain, the cross-company balance sheet transactions, and now the IPO all point in the same direction. Whether the merger follows in 2027 or later, the two companies are already operating more like divisions of a single entity than independent competitors.
Elon Musk
SpaceX to become America’s Military data backbone for missiles, drones, and warfighters
The Space Force just handed SpaceX $2.29 billion to build the military’s space internet backbone.
The U.S. Space Force awarded SpaceX a $2.29 billion contract on May 26, 2026 to build the backbone of its Space Data Network, a satellite-based communications system designed to keep American military forces connected anywhere on Earth in real time. The contract is firm-fixed-price and requires SpaceX to deliver a fully operational prototype by the end of 2027.
In plain terms, the SDN Backbone is the plumbing behind the military’s space-based internet. It functions as a low Earth orbit satellite constellation providing robust, high-capacity, and low-latency data transport for the Joint Force, connecting sensors and weapons systems continuously, globally, and securely. Think of it as a private, hardened version of Starlink built specifically for battlefield communications, one that soldiers, ships, and aircraft can rely on even in contested environments where ground-based networks have been disrupted.
SpaceX is quietly becoming the U.S. Military’s only reliable rocket
The Space Force was direct about why SpaceX was selected. “The SDN Backbone leverages the best of commercial innovation and delivers a strong foundation for the SDN mission set — a huge benefit and enabler for our warfighters,” said USSF Col. Ryan Frazier.
“We aren’t trading speed for scale; we are demanding both. By using rapid prototyping and Other Transaction Authorities, we are ensuring our advanced solutions are integrated and delivered to the warfighter as fast as possible,” added USSF Lt. Col. Fry, SDN Backbone system program manager.
The SDN Backbone will work alongside the Space Development Agency’s Transport Layer, with the two systems forming a unified open architecture to provide critical data transport for current and future Department of War missions.
As Teslarati has reported, this is not SpaceX’s first Space Force contract of 2026. In April, the Space Force awarded SpaceX $178.5 million to launch missile tracking satellites, and SpaceX is already embedded in the Golden Dome missile defense software group. The $2.29 billion SDN Backbone award puts SpaceX at the center of how the American military communicates in space, a position with direct implications for its reported $1.75 trillion IPO valuation as the company heads toward a public offering as early as June 2026.
Tesla’s Robotaxi dreams just took a massive step toward reality
The Tesla and SpaceX merger everyone is talking about is quietly building
